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General Terms and Conditions

1. Applicability

These general terms and conditions apply to all offers, quotations, and agreements between Tulmo (hereinafter: "the Seller") and the Customer. The Customer expressly waives their own standard terms and conditions, even if those are drafted after these sales conditions. To be valid, any deviation must be expressly agreed upon in writing in advance.

2. Formation of agreement

An agreement is established upon written confirmation of an order by the Seller or the signing of a formal quotation by the Customer. Due to the modular and custom-configured nature of the products, the right of withdrawal (cooling-off period) is excluded for components assembled or finished to the Customer's specific requirements.

3. Pricing and payment terms

  • Prices: All prices are stated in Euros (€) and include VAT unless otherwise specified. Shipping costs will be detailed in the quotation.

  • Payment schedule: A down payment of 50% of the total order value is required before production, specialized finishing, or assembly commences. The remaining 50% of the total order value must be settled when the product is ready for transport.

  • Shipment condition: Delivery and shipment of the products will only take place after the Seller has received the full 100% of the invoice amount, including shipping costs and any additional fees. No exceptions will be made to this requirement.

  • Payment speed vs. lead times: Early or prompt payment by the Customer does not entitle the Customer to an accelerated production schedule or a shorter lead time than originally estimated. The production queue and lead times remain at the sole discretion of the Seller.

  • Taxes and withholding: The total invoice amount must be paid in its entirety. Any withholding tax or costs required by the legislation of the Customer’s country shall be borne by the Customer. Under no circumstances will the Seller be responsible for these costs.

4. Technical specifications and fitment

  • Responsibility: The Customer is responsible for providing accurate motorcycle specifications (make, model, and year).

  • Compatibility: While the modular system is designed for broad compatibility, the final check on fitment and clearance remains the responsibility of the installer.

  • Installation: Professional installation by a certified motorcycle mechanic is mandatory. The Seller is not liable for damages resulting from incorrect assembly or installation.

5. Technical standards and certification (Disclaimer)

  • Non-certified status: The Customer acknowledges that Tulmo products have not undergone official technical type-approval or certification (such as TÜV, KBA, or ABE).

  • Usage limitation: These products are sold exclusively for off-road, track, or show use. Use on public roads is at the Customer’s own risk.

  • Compliance: The Customer is responsible for local regulatory compliance. Tulmo is not liable for legal consequences, fines, or insurance issues arising from the use of non-certified components.

6. Delivery and lead times

  • Estimates: Lead times provided by the Seller are estimates and do not constitute a strict deadline.

  • Third-party dependency: The Seller is dependent on third-party suppliers for various components. The Seller is not liable for any delays caused by supplier delays, material shortages, or logistical issues beyond the Seller's direct control.

  • Workload: Delays resulting from high seasonal demand or peaks in workload do not entitle the Customer to cancel the agreement, claim damages, or withhold payment.

  • Information: The Seller will inform the Customer of any significant changes in the expected timeline as they become known.

7. Claims and warranty

  • Notification of claims: To be admissible, any claim regarding the delivery or services must be notified to the Seller’s registered office via recorded delivery (aangetekend schrijven) within 8 days of delivery.

  • Warranty period: The Seller warrants that components are free from manufacturing defects for 12 months from delivery.

  • Exclusions: The warranty does not cover wear and tear, damage caused by racing, stunt riding, extreme use, neglect, improper maintenance, unauthorized modifications, or incorrect installation.

  • Third-party claims: The Seller cannot, under any circumstances, be required by the Customer to appear as a third party in the context of any claim for damages filed against the Customer by an end consumer.

8. Liability

To the maximum extent permitted by law, the Seller’s liability is strictly limited to the repair or replacement of the defective part, or a refund of the purchase price. The Seller is not liable for any indirect, incidental, or consequential damages, including but not limited to personal injury, damage to the motorcycle, or loss of income, regardless of whether the damage occurred during normal or abnormal use.

9. Intellectual property

All designs, modular systems, and technical documentation are the exclusive property of Tulmo. Reproduction or commercial use of these designs by the Customer or third parties is strictly prohibited.

10. Governing law

All contractual relations are exclusively governed by Dutch law. Any disputes will be submitted to the competent court in the district where the Seller is established.